Procurement Disputes

Protecting your position before the PPARB and in the Kenyan courts, when the stakes are at their highest.

On This Page:

1 Overview

2 Capabilities

Overview

Competition for public tenders in Kenya is intense and so is the litigation that surrounds it. When a procurement process goes wrong, the stakes are high: contracts worth hundreds of millions of shillings, reputations on the line, and deadlines that do not wait. At S&P Advocates, we have built a focused capability in procurement law that gives our clients the edge they need when it matters most.

We also advise clients on the front end, helping businesses understand procurement eligibility requirements, prepare compliant bids, and structure their proposals in ways that maximise their legal standing throughout the process. Prevention and preparation are as much a part of our procurement practice as representation.

What is the PPARB and how does it work?

The Public Procurement Administrative Review Board is the primary forum for challenging procurement decisions in Kenya. A dissatisfied tenderer can file a request for review within 14 days of the award decision. The Board holds hearings and issues binding decisions, which can in turn be challenged in the High Court.

How quickly must I challenge a procurement decision?

Speed is critical. A request for review before the PPARB must be filed within 14 days of notification of the award decision. Missing that deadline forfeits your right to challenge. Contact us immediately if you believe a procurement process has been conducted unfairly.

What remedies are available if a tender is wrongly awarded?

Remedies before the PPARB include setting aside the award, recommending re-evaluation, or directing a fresh procurement process. Where the PPARB's decision is itself flawed, further remedies are available through judicial review in the High Court.

Can S&P help us prepare bids to reduce our legal risk?

Yes. We advise on eligibility requirements, technical compliance, and the documentation that protects your position throughout the process. Proper preparation at the bid stage is the best protection against disputes later.

Capabilities

PPARB Representation

Filing and arguing requests for review before the Public Procurement Administrative Review Board.

Judicial Review of Awards

Challenging PPARB decisions and procurement conduct before the High Court of Kenya.

Bid Compliance Advisory

Reviewing tender documents and eligibility requirements to protect your bid from the outset.

Tender Document Drafting

Preparing legally compliant bid proposals, technical submissions, and appeal documents.

Debarment Proceedings

Representing suppliers facing debarment or exclusion from public procurement processes.

Contract Award Disputes

Advising on legal rights and remedies during the contract award and execution phases.

Resources

Dispute Resolution / ADR

When Does a Dispute Belong in Arbitration? A Practical Guide

Procurement

Public Procurement in Kenya: How to Protect Your Bid

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Meet Our Experts

James Juma

Associate

Litigation advocate with experience in procurement proceedings, commercial disputes, and regulatory matters.

Laureen Wafula

Associate

Handles procurement research, compliance documentation, and legal drafting across contentious matters.

Imanda Chele

Associate

Procurement and regulatory specialist with experience in compliance frameworks and dispute strategy.

Why Choose Us

PPARB Experience

We know the Board’s procedures, evidentiary requirements, and developing jurisprudence.

Speed When It Matters

Procurement deadlines are tight. We respond immediately and file without delay.

Front-End Advisory

We help you prepare compliant bids that protect your legal position before disputes arise.

Judicial Review Capability

We take PPARB decisions further to the High Court where the circumstances require it.

Clear Strategy

We assess your prospects honestly and build submissions that are clear and compelling.

Multi-Sector Experience

We act for suppliers and tenderers across construction, energy, health, and services sectors.

Next Steps

If your tender has been wrongly awarded or a procurement process has been improperly conducted, contact us immediately. Procurement timelines are short and early advice is critical.

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